A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 23, 2020, the Defendant was issued a summary order of KRW 5 million on September 24, 2020 as to the fact that he driven a vehicle in the spact site B while under the influence of alcohol content of 0.090%, and on September 24, 2020, issued a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court.

【Criminal Facts】

On September 20, 2020, around 01:24, the Defendant driven a Category B car with a blood alcohol content of about 13 km from the 13km section to the roads near the Do Government Station located in 525, Seocheon-si, Macheon-si, Macheon-si, to the roads in front of the D's clothes store located in Macheon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the state of the drinking driver, investigation report (report on the circumstances of the drinking driver), and report on the handling of cases 112;

1. Report on the result of the control of drinking driving (the date of August 23, 2020), statement on criminal records, etc. inquiry (A), report on the results of confirmation of the previous disposition, and application of statutes of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to sentence, was found to have driven a drinking test on August 23, 2020 and was found to have been under the influence of alcohol on September 20, 202, and not later than one month thereafter, committed the instant crime again on September 20, 202, and the nature of the crime is very bad.

The Defendant was found to have been aware of the 112 Report that “the drinking driving is suspected.” In light of the blood alcohol concentration at the time of the Defendant, the Defendant seems to have driven very dangerously under the influence of the Defendant.

The defendant does not commit a second offense, and each of the above.